United States Ninth Circuit

The alien smuggling statute, 8 U.S.C. section 1324, does not violate Apprendi, and the provision for an increased penalty under section 1324 for smuggling resulting in death is not void for vagueness for lack of a separate mens rea requirement.

Appellate Information

• Argued 03/14/2002
• Decided 12/06/2002
• Published 12/06/2002

Judges

• Before:  KOZINSKI and GOULD, Circuit Judges, and CEBULL, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Todd W. Burns,Federal Defenders of San Diego, Inc., San Diego, CA, for defendant-appellant Alejandro Matus-Leva., Patrick K. O'Toole, United States Attorney (when brief was filed), Carol C. Lam, United States Attorney (when opinion was filed), David P. Curnow, Assistant United States Attorney, U.S. Attorney's Office, San Diego, CA, for plaintiff-appellee United States of America.